STIPULATED ORDER FOR PERMANENT …...2019/03/07 · Montelago Marketing, Inc. as Defendants. Doc....

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI

FEDERAL TRADE COMMISSION, et ano.,

Plaintiffs,

v.

NEXT-GEN, INC., et al.,

Defendants.

No. 4:18-CV-0128-DGK

STIPULATED ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT

On February 20, 2018, Plaintiffs Federal Trade Commission (“Commission” or “FTC”)

and the State of Missouri filed their Complaint for Permanent Injunction and Other Equitable

Relief against Defendants Next-Gen, Inc.; Westport Enterprises, Inc.; Opportunities Unlimited

Publications, Inc.; Opportunities Management Co.; Summit Management Team, LLC; Contest

America Publishers, Inc.; Reveal Publications, LLC; AOSR Corporation, formerly known as

Subscription Reporter Corporation, formerly known as Sweepstakes Reporter Co., Inc.;

Lighthouse FLA Enterprises, LLC; Gamer Designs, LLC; Kevin R. Brandes; and William J.

Graham, pursuant to Section13(b) of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C.

§ 53(b), and Sections 407.020, et seq., of the Missouri Merchandising Practices Act. Doc. 1. On

September 24, 2018, the Plaintiffs filed an Amended Complaint for Permanent Injunction and

Other Equitable Relief (“Amended Complaint”) that added Charles Floyd Anderson and

Montelago Marketing, Inc. as Defendants. Doc. 203.

The Plaintiffs and all Defendants hereby agree to the entry of this Stipulated Order for

Permanent Injunction and Monetary Judgment (“Order”) to resolve all matters in dispute in this

action between them.

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Case 4:18-cv-00128-DGK Document 263-1 Filed 03/07/19 Page 1 of 35

THEREFORE, IT IS ORDERED as follows:

FINDINGS

1. This Court has jurisdiction over this matter.

2. The Amended Complaint alleges that the Defendants engaged in deceptive acts or

practices in violation of Section 5 of the FTC Act, 15 U.S.C. § 45, and in violation of § 407.020 of

the Missouri Merchandising Practices Act, in connection with the distribution of deceptive

sweepstakes, games of skill, sweepstakes newsletters, and other prize mailers to consumers.

3. The Defendants neither admit nor deny any of the allegations in the Amended

Complaint, except as specifically stated in this Order. Only for purposes of this action, the

Defendants admit the facts necessary to establish jurisdiction.

4. The Defendants waive any claim that they may have under the Equal Access to

Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action through the date of this

Order, and all parties agree to bear their own costs and attorneys’ fees. The Defendants also

waive and release any claims that they may have against the Plaintiffs, the Receiver, or their

agents, relating to this action.

5. The Defendants and Plaintiffs agree that this Order resolves all claims arising from

the allegations in the Complaint, and they waive all rights to appeal or otherwise challenge or

contest the validity of this Order.

DEFINITIONS

For purposes of this Order, the following definitions apply:

A. “Clearly and Conspicuously” means that a required disclosure is difficult to miss

(i.e., easily noticeable) and easily understandable by ordinary consumers, including in all of the

following ways:

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1. In any communication that is solely visual or solely audible, the disclosure must be

made through the same means through which the communication is presented. In any

communication made through both visual and audible means, such as a television

advertisement, the disclosure must be presented simultaneously in both the visual and

audible portions of the communication even if the representation requiring the

disclosure is made in only one means.

2. A visual disclosure, by its size, contrast, location, the length of time it appears, and

other characteristics, must stand out from any accompanying text or other visual

elements so that it is easily noticed, read, and understood.

3. An audible disclosure, including by telephone or streaming video, must be delivered in

a volume, speed, and cadence sufficient for ordinary consumers to easily hear and

understand it.

4. In any communication using an interactive electronic medium, such as the Internet or

software, the disclosure must be unavoidable.

6. The disclosure must use diction and syntax understandable to ordinary consumers and

must appear in each language in which the representation that requires the disclosure

appears.

7. The disclosure must comply with these requirements in each medium through which it

is received, including all electronic devices and face-to-face communications.

8. The disclosure must not be contradicted or mitigated by, or inconsistent with, anything

else in the communication.

9. When the representation or sales practice targets a specific audience, such as children,

the elderly, or the terminally ill, “ordinary consumers” includes reasonable members of

that group.

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B. “Defendants” means all of the Individual Defendants and the Corporate

Defendants, individually, collectively, or in any combination.

C. “Corporate Defendant(s)” means Next-Gen, Inc.; Westport Enterprises, Inc.;

Opportunities Unlimited Publications, Inc.; Opportunities Management Co.; Summit Management

Team, LLC; Contest America Publishers, Inc.; Reveal Publications, LLC; AOSR Corporation;

Lighthouse FLA Enterprises, LLC; Gamer Designs, LLC; Montelago Marketing, Inc.; and their

subsidiaries, affiliates, successors, and assigns.

D. “Individual Defendant(s)” means Kevin R. Brandes, William J. Graham, and

Charles Floyd Anderson, individually, collectively, or in any combination.

E. “Original Defendant(s)” means Defendants Next-Gen, Inc.; Westport

Enterprises, Inc.; Opportunities Unlimited Publications, Inc.; Opportunities Management Co.;

Summit Management Team, LLC; Contest America Publishers, Inc.; Reveal Publications, LLC;

AOSR Corporation, formerly known as Subscription Reporter Corporation, formerly known as

Sweepstakes Reporter Co., Inc.; Lighthouse FLA Enterprises, LLC; Gamer Designs, LLC; Kevin

R. Brandes; and William J. Graham.

F. “Prize Promotion” means (1) a sweepstakes or other game of chance; or (2) an

oral or written express or implied representation that a person has won, has been selected to

receive, or may be eligible to receive, or enter a game of skill or other contest to receive, a prize or

purported prize, whether in the form of money, merchandise, or anything of value.

G. “Receiver” means Eric L. Johnson of Kansas City, Missouri, and any deputy

receiver named by him.

H. “Receivership Entities” means Next-Gen, Inc.; Westport Enterprises, Inc.;

Opportunities Unlimited Publications, Inc.; Opportunities Management Co.; Summit Management

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Team, LLC; Contest America Publishers, Inc.; Reveal Publications, LLC; AOSR Corporation;

Lighthouse FLA Enterprises, LLC; Gamer Designs, LLC; Global Postal Solutions, Inc.; Global

Check Recovery, Inc.; TB2 Partners, LLC; and any trust created by the Receiver and designated as

a Receivership trust (the “Receiver Trust”).

I. “Receivership Estate” means the estate created by the TRO and this Order

including all the property and assets of the Receivership Entities.

ORDER

I. BAN ON PRIZE PROMOTIONS

IT IS ORDERED that the Defendants, whether acting directly or indirectly, are

permanently restrained and enjoined from advertising, marketing, promoting, offering for sale, or

selling, or assisting in the advertising, marketing, promoting, offering for sale, or selling of any

Prize Promotion, provided, however, that the Defendants may conduct a free raffle, drawing, or

similar prize giveaway for which an individual enters or signs up in person.

II. PROHIBITION AGAINST MISREPRESENTATIONS

IT IS FURTHER ORDERED that the Defendants, their officers, agents, and employees,

and all other persons in active concert or participation with any of them, who receive actual notice

of this Order, whether acting directly or indirectly, in connection with the advertising, promoting,

offering for sale, or sale of any good or service, are permanently restrained and enjoined from (a)

misrepresenting, expressly or by implication, any fact material to consumers, concerning any good

or service, and (b) failing to Clearly and Conspicuously disclose any term material to consumers.

III. PROHIBITION AGAINST MISREPRESENTATIONS UNDER STATE LAW

IT IS FURTHER ORDERED that the Defendants, their officers, agents, and employees,

and all other persons in active concert or participation with any of them, who receive actual notice

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of this Order, whether acting directly or indirectly, in connection with the advertising, promoting,

offering for sale, or sale of any good or service, are permanently restrained and enjoined from any

deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the

concealment, suppression, or omission of any material fact. Mo. Rev. Stat. § 407.020. This

Order shall also be considered a Consent Judgment without admissions of violations as defined in

Mo. Rev. Stat. § 407.100.8. With respect to Plaintiff State of Missouri only, during the time in

which the judgment granted herein is suspended, it shall not constitute a lien under Mo. Rev. Stat.

§ 511.350.

IV. MONETARY JUDGMENT AND PARTIAL SUSPENSION

IT IS FURTHER ORDERED that:

A. Judgment in the amount of One Hundred Fourteen Million, Seven Hundred

Seventy-Six Thousand, Seven Hundred Thirty-Two Dollars ($114,776,732) is entered in favor of

the Plaintiffs against the Individual Defendants and Corporate Defendants, jointly and severally,

as equitable monetary relief, including but not limited to rescission or reformation of contracts,

restitution, disgorgement, or refund of monies.

B. In partial satisfaction of the monetary judgment imposed by Section IV.A, the

Defendants shall, within 21 days after entry of this Order, pay to Plaintiffs Twenty-one Million,

Five Hundred Ninety-Five Thousand dollars ($21,595,000) by electronic funds transfer in

accordance with instructions previously provided to the Defendants by the Plaintiffs.

C. In partial satisfaction of the monetary judgment imposed by Section IV.A,

Defendant Anderson shall, within 60 days after entry of this Order, unless otherwise agreed to in

writing by the Plaintiffs and the Receiver, transfer to the Receiver, or the Receiver Trust,

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Anderson’s fideicomiso interest in that certain ocean-front real property located in Cabo San

Lucas, Mexico, having the following description:

The condominium unit within Las Residencias Residential Subdivision within Punta Ballena located in Cabo San Lucas, Baja California Sur, said unit designated and described as Lot 102, Block “A” as defined by the Incorporation of the Sub Condominium Regime of Property “Las Residencias” upon Fraction V adopted by Immobilaria Cabo Ballena, S.A. de C.V. under Public Instrument Number 48,549 within Volume 939 issued December 28, 2001, before Notary Public Number 1 of Cabo San Lucas, Baja California Sur, namely, Lic. Armando Antoni Aguilar Ruibal within Volume CXXXI-EP of the First Section of the Public Registry of Property and Commerce of San José del Cabo, Baja California Sur, together with an undivided 2.397930% interest in “Las Residencias” Common Areas (as defined by the Condominium Regime) and an undivided 0.623431772% interest in “Punta Ballena” Common Areas (as defined by the Condominium Regime). Clave Cadastral Number: 402-090-005-001-001-102.

together with any structures, fixtures, and appurtenances thereto (“CSL Property”). Defendant

Anderson shall:

1. Cooperate fully with the Receiver and take such other steps as the Receiver may

require to transfer to the Receiver, or to the Receiver Trust, possession and legal

and equitable title to the CSL Property, including executing any documents,

procuring the signatures of any other person with an interest in the property,

providing access to the property, providing any necessary information, and

surrendering possession of the property.

2. Pay any necessary costs and expenses related to the transfer of the CSL Property to

the Receiver or the Receiver Trust, including but not limited to, transfer, excise, or

similar taxes, translation services, notario fees, recording fees, title searches, and

title insurance.

3. At or before the time of transfer, pay any outstanding liens, mortgages, or other

encumbrances or any other amounts due or owing on the CSL Property, including

but not limited to taxes, insurance premiums, homeowner’s assessments,

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reasonable and necessary maintenance, and similar fees or expenses, so that at the

time of transfer there are no outstanding liens, mortgages, or other encumbrances or

any other amounts due or owing on the CSL Property.

4. Maintain in good working order, keep in the same condition, and take no action to

diminish the value of the CSL Property, including any structures, fixtures, and

appurtenances thereto, as of the date Defendant Anderson executed his sworn

financial statement dated September 21, 2018.

5. Cause existing insurance coverage for the CSL Property to remain in force until the

transfer of the property to the Receiver or the Receiver Trust.

Defendant Anderson’s spouse, Sharon Ann Anderson, waives all claims to, unconditionally

releases any interest in, and consents to the transfer to the Receiver or the Receiver Trust

possession of and any interest she has or may have, directly or indirectly, or by operation of

applicable law, in the CSL Property. Nothing in this Order requires Defendant Anderson or

Sharon Ann Anderson to pay any amount relating to or concerning the CSL Property, including

but not limited to any taxes, insurance, homeowner’s assessments, maintenance, and similar fees,

after Defendant Anderson and Sharon Ann Anderson have fully complied with the provisions of

this Section IV.C. and vacated and transferred possession and legal and equitable title of the CSL

Property to the Receiver or the Receiver Trust.

D. Within 14 days after entry of this Order, Defendant Anderson shall transfer or

cause to be transferred to the Receiver, or the Receiver Trust, possession and legal and equitable

title to a 2015 Bentley Continental Flying Spur, VIN SCBET9ZA9FC042030, free of any liens,

claims, or encumbrances. Defendant Anderson shall cooperate fully with the Receiver and take

such other steps as the Receiver may require to transfer to the Receiver, or to the Receiver Trust,

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possession and legal and equitable title to the automobile. Anderson shall cause existing

insurance coverage for the automobile to remain in force until the transfer of the automobile to the

Receiver or the Receiver Trust. Defendant Anderson shall also maintain in good working order,

keep in the same condition, and take no action to diminish the value of the automobile prior to its

transfer.

E. Within 14 days after entry of this Order, Defendant Brandes shall take all steps

necessary to transfer, or cause to be transferred, from BAM Marketing Group, LLC, to the

Receiver or the Receiver Trust, possession and legal and equitable title to a 2008 Sea Ray yacht,

HIN SERY1498D708, free of any liens, claims, or other encumbrances. Defendant Brandes shall

cooperate fully with the Receiver and take such other steps as the Receiver may require to transfer

to the Receiver, or to the Receiver Trust, possession and legal and equitable title to the yacht.

Defendant Brandes shall cause existing insurance coverage for the yacht to remain in force until

the transfer of the yacht to the Receiver or the Receiver Trust. Defendant Brandes shall also

maintain in good working order, keep in the same condition, and take no action to diminish the

value of the yacht prior to its transfer.

F. Upon the payment and transfers of assets required by Sections IV.B through IV.E,

the remainder of the judgment imposed by Section IV.A is suspended, subject to Sections IV.G

through IV.I, below.

G. The Plaintiffs’ agreement to the suspension of part of the judgment is expressly

premised upon the truthfulness, accuracy, and completeness of the Defendants’ sworn financial

statements and related documents (collectively, “financial representations”) submitted to the

Plaintiffs, namely:

1. The Financial Statement of Individual Defendant Kevin R. Brandes, signed on July 27, 2018, including attachments and as supplemented on August 31, 2018;

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2. The Financial Statement of Individual Defendant William J. Graham, signed on July 27, 2018, including attachments and as supplemented on August 8, 2018;

3. The Financial Statement of Individual Defendant Charles Floyd Anderson, signed on September 21, 2018, including attachments and as supplemented on October 16, 2018;

4. The Financial Statement of Corporate Defendant Next-Gen, Inc., signed on July 27, 2018, including attachments and as supplemented on August 3, 2018;

5. The Financial Statement of Corporate Defendant Westport Enterprises, Inc., signed on July 27, 2018, including attachments and as supplemented on August 3, 2018;

6. The Financial Statement of Corporate Defendant Opportunities Unlimited Publications, Inc., signed on July 27, 2018, including attachments;

7. The Financial Statement of Corporate Defendant Opportunities Management Co., signed on July 27, 2018, including attachments;

8. The Financial Statement of Corporate Defendant Summit Management Team, LLC, signed on July 27, 2018, including attachments;

9. The Financial Statement of Corporate Defendant Contest America Publishers, Inc., signed on July 27, 2018, including attachments;

10. The Financial Statement of Corporate Defendant Reveal Publications, LLC, signed on July 27, 2018, including attachments;

11. The Financial Statement of Corporate Defendant AOSR Corporation, signed on July 27, 2018, including attachments;

12. The Financial Statement of Corporate Defendant Lighthouse FLA Enterprises, LLC, signed on July 27, 2018, including attachments;

13. The Financial Statement of Corporate Defendant Gamer Designs, LLC, signed on July 27, 2018, including attachments;

14. The Financial Statement of Corporate Defendant Montelago Marketing, Inc., signed on October 16, 2018, including attachments;

15. The Financial Statement of BG3, signed by Individual Defendant William Graham on August 3, 2018, including attachments;

16. The Financial Statement of Empire Consulting, Inc., signed by Individual Defendant William Graham on August 3, 2018, including attachments;

17. The Financial Statement of Extreme Holdings, signed by Individual Defendant William Graham on August 3, 2018, including attachments;

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18. The Financial Statement of G-T-R Ranch LLC, signed by Individual Defendant William Graham on August 3, 2018, including attachments;

19. The Financial Statement of H2O Investments, LLC, signed by Individual Defendant William Graham on August 3, 2018, including attachment;

20. The Financial Statement of Pryor Consulting, LLC, signed by Individual Defendant William Graham on August 3, 2018, including attachments;

21. The Financial Statement of 1151 Century, LLC, signed by Individual Defendant Kevin Brandes on August 3, 2018, including attachments;

22. The Financial Statement of A&B Partners, LLC, signed by Individual Defendant Kevin Brandes on August 3, 2018, including attachments;

23. The Financial Statement of B&G Auto Sales, Inc., signed by Individual Defendant Kevin Brandes on August 3, 2018, including attachments;

24. The Financial Statement of BAM Marketing Group LLC, signed by Individual Defendant Kevin Brandes on August 3, 2018, including attachments;

25. The Financial Statement of Global Check Recovery, Inc., signed by Individual Defendant William Graham on August 3, 2018, including attachments;

26. The Financial Statement of Global Postal Solutions, Inc., signed by Individual Defendant William Graham on November 27, 2018, including attachments;

27. The Financial Statement of International Direct Marketing Group, signed by Individual Defendant Kevin Brandes on August 3, 2018, including attachments;

28. The Financial Statement of LHP Marketing Concepts LLC, signed by Individual Defendant Kevin Brandes on August 3, 2018, including attachments;

29. The Financial Statement of TB2 Partners, Inc., signed by Individual Defendant Kevin Brandes, on August 3, 2018, including attachments;

30. The Financial Statement of TNT Investment Group, LLC, signed by Individual Defendant Kevin Brandes on August 3, 2018, including attachments;

31. The Financial Statement of TNT Marketing Group, LLC, signed by Individual Defendants Kevin Brandes on August 3, 2018, including attachments;

32. The Financial Statement of Aventura Properties, LLC, signed by Individual Defendant Charles Floyd Anderson on October 16, 2018, including attachments;

33. The Financial Statement of Flask, LLC, signed by Individual Defendant Charles Floyd Anderson on October 16, 2018, including attachments; and

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34. The Financial Statement of Wingspan Way, LLC, signed by Individual Defendant Charles Floyd Anderson on October 16, 2018, including attachments.

H. The suspension of the judgment will be lifted as to any Defendant if, upon motion

by either Plaintiff, the Court finds that the specific Defendant: (i) failed to disclose any material

asset; (ii) materially misstated the value of any asset; or (iii) made any other material misstatement

or omission in the financial representations identified above.

I. If the suspension of the judgment is lifted as to any Defendant, the judgment

becomes immediately due as to that Defendant in the amount specified in Section IV.A above

(which the parties stipulate only for purposes of this Section represents the consumer injury

alleged in the Amended Complaint), less (1) any amount paid pursuant to Section IV.B, and (2)

any amount transferred to the Commission pursuant to Section IX.G, plus interest computed from

the date of entry of this Order.

V. MODIFICATION OF ASSET FREEZE

IT IS FURTHER ORDERED that the freeze imposed on the Original Defendants’ assets

pursuant to the Temporary Restraining Order (“TRO”), Doc. 98, entered on July 17, 2018, is

modified to permit the payment of funds required by Section IV.B and the transfer of property

required by Section IV.E of this Order. Upon completion of the payment required by Section

IV.B and the transfer of property required by Section IV.E, the asset freeze imposed by the TRO

shall be lifted as to Defendants Brandes and Graham, and as to any funds held in the trust accounts

of Graves Garrett LLC and Kennyhertz Perry for the benefit of any of the Corporate Defendants.

Unless otherwise ordered by the Court on motion of the Receiver or the Receiver Trust, the asset

freeze shall remain in full force and effect with regard to all other assets of the Receivership

Entities until the Receiver completes all his duties, the Court authorizes payment of the Receiver’s

fees and expenses, and the Court discharges the Receiver pursuant to Section IX.G. Upon entry

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of this Order, a financial institution may rely on a letter from the Commission stating that a transfer

of assets has been authorized by Section IV.B through Section IV.E, or that the asset freeze has

been lifted altogether as to a particular Defendant.

VI. ADDITIONAL MONETARY PROVISIONS

IT IS FURTHER ORDERED that:

A. The Defendants relinquish dominion and all legal and equitable right, title, and

interest in all assets transferred pursuant to this Order and may not seek the return of any assets.

B. The facts alleged in the Amended Complaint will be taken as true, without further

proof, in any subsequent civil litigation by or on behalf of the Commission or the State of

Missouri, including in a proceeding to enforce their rights to any payment or monetary judgment

pursuant to this Order, such as a nondischargeability complaint in any bankruptcy case.

C. The facts alleged in the Amended Complaint establish all elements necessary to

sustain an action by the Commission or the State of Missouri pursuant to Section 523(a)(2)(A) of

the Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and this Order will have collateral estoppel effect

for such purposes.

D. The Defendants acknowledge that their Taxpayer Identification Numbers (Social

Security Numbers or Employer Identification Numbers), which the Defendants previously

submitted to the Plaintiffs, may be used for collecting and reporting on any delinquent amount

arising out of this Order, in accordance with 31 U.S.C. § 7701.

E. All money paid or transferred to Plaintiffs pursuant to this Order may be deposited

into a fund administered jointly by the Plaintiffs or their designees to be used for equitable relief,

including consumer redress and any attendant expenses for the administration of any redress fund.

In the event that direct redress to consumers is wholly or partially impracticable or funds remain

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after the redress is completed, the remaining funds shall be divided equally among Plaintiffs.

Each Plaintiff may distribute any of the remaining funds as follows:

1. The Commission may apply any remaining funds for such other equitable relief

(including consumer information remedies) as it determines to be reasonably

related to Defendants’ practices alleged in the Complaint. Any funds not used for

such equitable relief shall be deposited to the United States Treasury as

disgorgement.

2. The State of Missouri may apply any remaining funds to the credit of the

Merchandising Practices Revolving Fund as set forth in § 407.140, RSMo.; or

may apply such funds at the discretion of the Missouri Attorney General for

uses permissible under and consistent with Missouri law.

Defendants have no right to challenge any actions the Plaintiffs or their representatives may take

pursuant to this Section VI.E.

VII. DISPOSITION OF CUSTOMER INFORMATION

IT IS FURTHER ORDERED that the Defendants and their officers, agents, and

employees, and all other persons in active concert or participation with any of them, who receive

actual notice of this Order, are permanently restrained and enjoined from directly or indirectly:

A. Failing to provide any customer information within the Defendants’ possession,

custody, or control, sufficient to enable the Plaintiffs to efficiently administer consumer redress.

If a representative of the Plaintiffs requests in writing any information within the Defendants’

possession, custody, or control related to redress, the Defendants must provide it, in the form

prescribed by the Plaintiffs, within 14 days.

B. Disclosing, using, or receiving any benefit from customer information, including

the name, address, telephone number, email address, social security number, other identifying

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information, or any data that enables access to a customer’s account (including a credit card, bank

account, or other financial account), that any Defendant obtained prior to entry of this Order; and

C. Failing to destroy such customer information in all forms in their possession,

custody, or control within 30 days after receipt of written direction to do so from a representative

of the Plaintiffs.

Provided, however, that customer information need not be disposed of, and may be disclosed, to

the extent requested by a government agency or required by law, regulation, or court order.

VIII. CONTINUING APPOINTMENT OF RECEIVER

IT IS FURTHER ORDERED that Eric L. Johnson of Kansas City, Missouri, shall continue

his appointment as Receiver of the Receivership Entities with the full powers of an equity

Receiver, subject to the provisions of this Order. The Receiver shall be solely the agent of this

Court in acting as Receiver under this Order. The Receiver may also serve, and is specifically

authorized to serve as, trustee or co-trustee of the Receiver Trust.

IX. ADDITIONAL DUTIES AND AUTHORITY OF RECEIVER

IT IS FURTHER ORDERED that, to the extent not included in and in addition to the duties

and powers of the Receiver identified in the TRO, Doc. 98, and his general receivership powers,

the Receiver is directed and authorized to accomplish the following:

A. Upon written confirmation from the Plaintiffs that the payments and transfers

required by Sections IV.B through IV.E have been completed, Global Check Recovery, Inc.,

including its assets, will revert to Defendants Brandes and Graham. Upon the transfer, Global

Check Recovery, Inc., shall no longer be deemed a Receivership Entity; provided, however, that to

the fullest extent permitted by applicable law, the Receiver shall have no further obligations or

liabilities with respect Global Check Recovery, Inc. After Global Check Recovery leaves the

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Receivership, Brandes and Graham, on behalf of Global Check Recovery, Inc., and the Receiver

shall cause Global Check Recovery to negotiate a mutual release of all claims, if any exist, that

Global Check Recovery, the Receiver, the Receivership Entities, or their agents, may have against

one another relating to this action that arose, accrued, or existed prior to the entry of this Order

including any and all claims, liabilities, and obligations arising out of or relating to Global Check

Recovery, Inc. except that the Receiver shall not release and Global Check Recovery, Inc. shall

indemnify and hold the Receiver, the other Receivership Entities, and the Receivership Estate

harmless from, against, and in respect to claims that (1) arose during the period of time in which

Global Check Recovery, Inc. maintained operations after entry of the TRO, but only to the extent

such claims arose from acts or omissions on the part of Defendant Graham and/or Kelsey

Ghoulson while Global Check Recovery, Inc. was a designated Receivership Entity; and/or (2) are

related to any federal, state or local net income, alternative or add-on minimum tax, gross income,

gross receipts, sales, use, ad valorem, franchise, property (real or personal), profits, withholding,

payroll, employment, unemployment, excise, stamp or occupation tax and other taxes, fees,

charges and assessments of any kind, together with interest and penalties thereon. Subject to the

indemnification provisions in this Section IX.A, Global Check Recovery, Inc., Defendants

Brandes and Graham, and the Receiver, shall reasonably cooperate, to the extent reasonably

requested by any other party, with regard to tax matters, including in connection with the

preparation, execution and filing of tax returns. Any dispute between the Receiver and

Defendants Brandes and Graham as to what constitutes an asset of Global Check Recovery, Inc.

shall be determined by this Court upon motion by either the Receiver and/or Defendants Brandes

and Graham.

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B. Suspend business operations, wind down, and marshal and liquidate the assets of

the remaining Receivership Entities and any property transferred to the Receiver or the Receiver

Trust pursuant to this Order. Provided, however, the Receiver shall not sell, rent, disclose, use, or

receive any benefit from customer information, including the name, address, telephone number,

email address, social security number, other identifying information, or any data that enables

access to a customer’s account (including a credit card, bank account, or other financial account),

that any Defendant obtained prior to entry of this Order, except that customer information need not

be disposed of, and may be disclosed, to the extent requested by a government agency or required

by law, regulation, or court order.

C. Waive and release any claim the Receiver may have against any Individual

Defendant or Montelago Marketing, Inc. that arose, accrued, or existed prior to the entry of this

Order and such release shall not include any non-compliance with this Order.

D. Waive and release any claim the Receiver may have against funds held for the

benefit of any Receivership Entity in Graves Garrett LLC and Kennyhertz Perry trust accounts.

E. Receive reasonable compensation for the performance of duties undertaken

pursuant to this Order and the TRO, and for the cost of actual out-of-pocket expenses incurred by

him or any professionals and other persons employed by him. The Receiver shall file with the

Court and serve on the parties requests for the payment of reasonable compensation and expenses

no fewer than every 60 days after entry of this Order. The Receiver’s compensation and expenses

are to be paid solely from assets of the Receivership Entities or from the Receiver Trust.

F. Within 90 days after entry of this Order, file with the Court and serve on the parties

an interim accounting and report describing the assets and wind-down of the remaining

Receivership Entities, liquidation of assets and properties, and the scope of the Receiver’s

activities.

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G. Within 180 days after entry of this Order, file with the Court and serve on the

parties a final accounting, report, and request for compensation. Any party or the Receiver may

request that the Court extend this deadline for good cause. After the Court has approved the

Receiver’s final request for compensation, the Receiver shall transfer to the Commission all

dominion, title, and control of the remaining Receivership Entities’ remaining assets, in partial

satisfaction of the monetary judgment contained in Section IV.A of this Order, to be distributed as

provided in Section VI.E. After such transfer, the Receiver shall dissolve the Receivership

Entities, the Receivership shall terminate, and the Receiver shall be discharged.

H. Prepare and execute any and all documents and contacts, and to perform any and all

acts that are necessary to fulfilling Receiver’s duties, including preserving, protecting,

maintaining, operating, managing, and controlling the assets of the Receivership Entities and/or

the Receivership Estate.

I. Open new bank accounts or utilize existing Receivership Entities’ bank accounts

for receivership funds relating to the Receivership Estate, and the Receiver’s administration of the

Receivership Estate and obtain separate or additional tax payer identification numbers, to the

extent necessary and appropriate.

J. Operate, manage, control, and conduct the Receivership Estate and take any and all

other actions with respect to the Receivership Entities and the Receivership Estate, to the extent

such actions are related to the administration and/or liquidation of the Receivership Estate and the

Receiver Trust, as the Receiver reasonably deems necessary and prudent in his reasonable

business judgment in order to preserve, protect, and liquidate the Receivership Estate, and to

maximize the value of the Receivership Estate, which may include, but is not limited to, the

following:

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1. Expending any cash or other income generated from the Receivership Estate or the

Receivership Trust estate necessary to preserve and protect the property of the

Receivership Estate;

2. Paying for maintenance, operating expenses, and taxes;

3. Prosecuting and defending, and when appropriate, settling legal actions in respect

of the Receivership Entities and Receivership Estate that are not otherwise released

waived or prohibited under this Order;

4. Employing those person(s) or firm(s) necessary to collect, manage, maintain,

improve, process, prosecute, sell, or lease real or personal property, with the costs

of such employment to be paid out of the Receivership Estate including, without

limitation any listing agreements with sale agents or brokers;

5. Employing attorneys, accountants, investigators, consultants, and any other

persons or entities deemed necessary to assist the Receiver in the discharge of the

Receiver’s duties under the TRO and this Order, (each of whom may hereinafter be

referred to as a “professional”) with the costs of such services to be paid out of the

Receivership Estate, so long as the fees charged for such services are usual and

customary;

6. Purchasing goods and services as the Receiver deems necessary and advisable to

assist it in performing its duties hereunder and to pay therefore at the ordinary and

usual rates and prices;

7. Subject to the limitations set forth in Section IX.B related to customer information,

and subject to any agreement between the Receiver and any party regarding the

disposal or transfer of other corporate records, transferring, disposing of, storing,

selling and/or abandoning any tangible and intangible assets of the Receivership

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Estate, including licenses, accounts, inventory, equipment, real property, leasehold

interests, trade secrets, trade processes, trademarks and other intellectual property,

and business lines; provided, however, that the Receiver shall be required to (a)

consult with the Plaintiffs as to the procedures that the Receiver intends to employ

in marketing the property and conducting the disposition of the property, and (b)

obtain Plaintiffs’ written consent to the disposition of the property; provided

further, however, that if an agreement cannot be reached related to the Receiver’s

proposed procedures and/or to the disposition of the property, the Receiver must

obtain prior approval of the proposed procedures from this Court;

8. Entering into or modifying contracts affecting any part or all of the Receivership

Estate, including, without limitation, employment contracts, independent

contractor agreements, leases, and service agreements;

9. Applying for, obtaining, and paying any reasonable fees for lawful license, permit

or other governmental approval relating to the Receivership Entities and the

Receivership Estate;

10. Confirming the existence of and, to the extent permitted by law, exercising the

privileges of any existing license or permit; and doing all things necessary to

protect and maintain such licenses, permits and approvals, subject to the further

provisions of this Order; and

11. Presenting a certified copy of this Order and the TRO as proof of the Receiver’s

authority hereunder.

K. Nothing in this Order shall preclude the Receiver from hiring professionals and

third-party providers or vendors to assist the Receiver in the performance of the Receiver’s duties

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under this Order or the TRO, so long as the fees charged for such services are usual and customary

in the locality where the services are to be found.

L. The Receiver shall be empowered to serve as “Manager” of the Receivership

Entities and the Receivership Estate, and shall be authorized to take any action necessary to

perform its duties as Manager of the Receivership Entities and Receivership Estate including,

without limitation, executing any required titles, deeds, bills of sale, or similar documents.

M. For the avoidance of doubt, the Receiver is hereby authorized to (1) execute and file

any required federal, state, and local tax return on behalf of the Receivership Entities; and (2) to

take all necessary and prudent steps to terminate any 401(k) plan held by the Receivership Entities.

N. The Receiver shall have no duty to remediate any environmental issue with respect

to any real property that is part of or under control of the Receivership Estate and shall be held

harmless by the Receivership Entities with respect to such issues.

O. The Receiver is further empowered and authorized to generally do such other

things as may be necessary or incidental to the specific powers, directions, and general

authorizations set out in this Order, the TRO, and/or any other applicable law, and further may take

actions relating to the Receivership Entities and the Receivership Estate beyond the scope

contemplated by the provisions set forth above; provided, however, that the Receiver must obtain

prior approval from this Court for any actions beyond the scope contemplated herein.

IT IS FURTHER ORDERED that the Receivership Estate shall be able to remain in

possession of and may have the use of the real property located at 17-21 NE Skyline Drive in Lee’s

Summit, Missouri, having the following legal description:

Summit North Business Park – Lot 2 Parcel: 52-910-13-02-00-0-00-000

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and any structures, fixtures, and appurtenances thereto (“Lee’s Summit Property”) without any

lease or rental obligation until March 1, 2019; provided, however, the Receivership Estate shall

maintain the Lee’s Summit Property in the same state of repair and condition as such property was

in as of the entry of this Order and be responsible for costs related to utilities, insurance and routine

maintenance such as cleaning, landscaping, mowing, snow removal, and garbage and refuse

removal during the time in which the Receivership Estate is in possession of the Lee’s Summit

Property. Beginning March 1, 2019 or the date of the Order whichever is later, if the

Receivership Estate is still in possession of the Lee’s Summit Property, then at that time the

Receivership Estate will also be responsible for the monthly mortgage payment associated with the

Lee’s Summit Property (not to exceed $3,300 per month) for each full calendar month it remains in

possession of the Lee’s Summit Property; provided, however, if the Receivership Estate is still in

possession on March 1, 2019 or the date of the Order whichever is later and the delay is

attributable to A&B Partners, LLC or Defendants then the Receivership Estate shall not be

responsible for the monthly mortgage payment. The Receivership Estate’s use and occupancy of

the Lee’s Summit Property may not last longer than 180 days after the entry of this Order;

provided, however, the Receiver is authorized to negotiate with A&B Partners, LLC such different

and further terms related to the continued use and occupancy of the Lee’s Summit Property, as may

be approved by the Court, and will reasonably cooperate with A&B Partners, LLC’s efforts to rent

out the Lee’s Summit Property to other potential third party tenants. The Receivership Estate’s

expenses and payments as contemplated herein shall be prorated commensurate with the portion of

the Lee’s Summit Property the Receivership Estate is in actual possession to the extent that A&B

Partners, LLC allows for the use, rent, occupancy, or otherwise of a portion of the Lee’s Summit

Property by Global Check Recovery, Inc. or any entity or person that is not a Receivership Entity.

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IT IS FURTHER ORDERED that the Receiver shall be able to store assets of the

Receivership Estate at the real property located at 4-12 NE Skyline Drive in Lee’s Summit,

Missouri, having the following legal description:

Summit North Business Park – Lots 1-8 Parcel: 52-910-07-11-00-0-00-000

and any structures, fixtures, and appurtenances thereto (“Storage Facility”) without any lease or

rental obligation until March 1, 2019; provided, however, the Receivership Estate shall maintain

the Storage Facility in the same state of repair and condition as such property was in as of the entry

of this Order and be responsible for costs related to utilities during the time in which assets of the

Receivership Estate are being stored at the Storage Facility. In addition to utilities, the

Receivership Estate shall be responsible only for the insurance covering the assets of the

Receivership Estate stored in the Storage Facility. A&B Partners, LLC shall be responsible for

all other costs and expenses related to the Storage Facility. If the Receivership Estate is still in

possession of the Storage Facility after March 1, 2019, then at that time the Receivership Estate

will also be responsible for a monthly rental payment to A&B Partners, LLC for the first full

month it continues to store assets of the Receivership Estate at the Storage Facility. The initial

monthly rental payment shall be the monthly mortgage payment associated with the Storage

Facility (not to exceed $4,300 per month) and will increase by $1,000 for each additional month

the Receivership Estate continues to store assets at the Storage Facility; provided, however, the

maximum rental amount shall not exceed $7,500 per month and if the Receivership Estate is still in

possession on March 1, 2019 or the date of the Order whichever is later, and the delay is

attributable to A&B Partners, LLC or Defendants then the Receivership Estate shall not be

responsible for the monthly mortgage payment. The Receivership Estate’s use and occupancy of

the Storage Facility may not last longer than 120 days after the entry of this Order; provided,

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however, the Receiver is authorized to negotiate with A&B Partners, LLC such different and

further terms related to the continued use and occupancy of the Storage Facility, as may be

approved by the Court and will reasonably cooperate with A&B Partners, LLC’s efforts to rent out

the Storage Facility to other potential third party tenants. The Receivership Estate’s expenses and

payments as contemplated herein shall be prorated commensurate with the portion of the Storage

Facility the Receivership Estate is in actual possession to the extent that A&B Partners, LLC

allows for the use, rent, occupancy, or otherwise of a portion of the Storage Facility by Global

Check Recovery, Inc. or any entity or person that is not a Receivership Entity.

IT IS FURTHER ORDERED that Anderson and Brandes, on behalf of A&B Partners,

LLC, and the Receiver shall cause A&B Partners, LLC to negotiate a mutual release of all claims,

if any exist, that A&B Partners, LLC, the Receiver, the Receivership Entities, or their agents, may

have against one another, relating to this action that arose, accrued, or existed prior to the entry of

this Order including any claims related to the use and occupancy of the Lee’s Summit Property or

the Storage Facility.

X. NON-INTERFERENCE WITH THE RECEIVER

IT IS FURTHER ORDERED that Defendants, the Receivership Entities (other than the

Receiver Trust), such parties’ officers, agents, employees, and all other persons in active concert

or participation with any of them, who receive actual notice of this Order, and any other person

served with a copy of this Order, are hereby restrained and enjoined from directly or indirectly:

A. Interfering with the Receiver’s efforts to manage, or take custody, control, or

possession of, the assets or documents subject to the receivership or any trust contemplated by this

Order;

B. Transacting any of the business of the Receivership Entities;

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C. Transferring, receiving, altering, selling, encumbering, pledging, assigning,

liquidating, or otherwise disposing of any assets owned, controlled, or in the possession or custody

of, or in which an interest is held or claimed by, the Receivership Entities (including the Receiver

Trust); or

D. Refusing to cooperate with the Receiver or the Receiver’s duly authorized agents in

the exercise of their duties or authority under any order of this Court.

XI. STAY OF ACTIONS

IT IS FURTHER ORDERED that, except by leave of this Court, during the pendency of

the continued receivership ordered herein, Defendants, the Receivership Entities, A&B Partners,

LLC, BAM Marketing Group, LLC and such parties’ officers, agents, and employees, and all other

persons in active concert or participation with any of them, who receive actual notice of this Order

and all investors, creditors, stockholders, lessors, customers and other persons seeking to establish

or enforce any claim, lien, right, or interest against or on behalf of Defendants, A&B Partners,

LLC, BAM Marketing Group, LLC, or the Receivership Entities, and all others acting for or on

behalf of such persons (other than the Receiver and the Receiver’s duly authorized agents), are

hereby enjoined from taking action that would interfere with the exclusive jurisdiction of this

Court over the assets or documents of the Receivership Entities or the Receivership Estate,

including, but not limited to:

A. Filing or assisting in the filing of a petition for relief under the Bankruptcy Code, 11

U.S.C. § 101 et seq., or of any similar insolvency proceeding on behalf of the Receivership

Entities;

B. Commencing, prosecuting, or continuing a judicial, administrative, or other action

or proceeding against the Receivership Entities or Receivership Estate, including the issuance or

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employment of process against the Receivership Entities or the Receivership Estate, except that

such actions may be commenced if necessary to toll any applicable statute of limitations; or

C. Filing or enforcing any lien on any asset of the Receivership Entities or

Receivership Estate, taking or attempting to take possession, custody, or control of any asset of the

Receivership Entities or the Receivership Estate; or attempting to foreclose, forfeit, alter, or

terminate any interest in any asset of the Receivership Entities or Receivership Estate, whether

such acts are part of a judicial or non-judicial proceeding, are acts of self-help, or otherwise.

Provided, however, that this Order does not stay: (1) the commencement or continuation of a

criminal action or proceeding; (2) the commencement or continuation of an action or proceeding

by a governmental unit to enforce such governmental unit’s police or regulatory power; (3) the

enforcement of a judgment, other than a money judgment, obtained in an action or proceeding by a

governmental unit to enforce such governmental unit’s police or regulatory power; or (4) the

Receiver from executing his powers and duties as set forth in this Order and the TRO.

XII. ORDER ACKNOWLEDGMENTS

IT IS FURTHER ORDERED that the Defendants obtain acknowledgments of receipt of

this Order:

A. Each Defendant must, within 7 days after entry of this Order, submit to the

Plaintiffs an acknowledgment of receipt of this Order sworn under penalty of perjury.

B. For 5 years after entry of this Order, each Individual Defendant for any business

that such Defendant, individually or collectively with any other Defendants, is the majority owner

or controls directly or indirectly, and each Corporate Defendant, must deliver a copy of this Order

to: (1) all principals, officers, directors, and LLC managers and members; (2) all employees having

managerial responsibilities for conduct related to the subject matter of the Order and all agents and

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representatives who participate in conduct related to the subject matter of the Order; and (3) any

business entity resulting from any change in structure as set forth in Section XI. Delivery must

occur within 7 days after entry of this Order for current personnel. For all others, delivery must

occur before they assume their responsibilities.

C. From each individual or entity to which a Defendant delivered a copy of this Order,

that Defendant must obtain, within 30 days, a signed and dated acknowledgment of receipt of this

Order.

XIII. COMPLIANCE REPORTING

IT IS FURTHER ORDERED that the Defendants make timely submissions to the

Commission:

A. One year after entry of this Order, each Individual Defendant and Defendant

Montelago Marketing, Inc., must submit a compliance report, sworn under penalty of perjury:

1. (a) identifying the primary physical, postal, and email address and telephone number,

as designated points of contact, which representatives of either Plaintiff may use to

communicate with that Defendant; (b) identifying all of that Defendant’s businesses by

all of their names, telephone numbers, and physical, postal, email, and Internet

addresses; (c) describing the activities of each business, including but not limited to the

goods and services offered, the means of advertising, marketing, and sales, and the

involvement of any other Defendant (which the Individual Defendants must describe if

they know or should know due to their own involvement); (d) describing in detail

whether and how that Defendant is in compliance with each applicable Section of this

Order; and (e) providing a copy of each Order Acknowledgment obtained pursuant to

this Order, unless previously submitted to the Commission.

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2. Additionally, each Individual Defendant must: (a) identify all of their telephone

numbers and all physical, postal, email and Internet addresses, including all of their

residences; (b) identify all of their business activities, including any business for which

such Defendant performs services whether as an employee or otherwise and any entity

in which such Defendant has any ownership interest; and (c) describe in detail such

Defendant’s involvement in each such business, including title, role, responsibilities,

participation, authority, control, and any ownership.

B. For 15 years after entry of this Order, each Individual Defendant and Montelago

Marketing, Inc., must submit a compliance notice, sworn under penalty of perjury, within 14 days

of any change in the following:

1. any designated point of contact; or

2. the structure of any Corporate Defendant or any entity in which the Defendant has

any ownership interest or controls directly or indirectly that may affect compliance

obligations arising under this Order, including: creation, merger, sale, or

dissolution of the entity or any subsidiary, parent, or affiliate that engages in any

acts or practices subject to this Order.

Additionally, each Individual Defendant must report any change in: (a) name, including aliases or

fictitious name, or residence address; or (b) title or role in any business activity, including any

business for which such Defendant performs services whether as an employee or otherwise and

any entity in which such Defendant has any ownership interest and over which Defendants have

direct or indirect control, and identify the name, physical address, and any Internet address of the

business or entity.

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C. Each Individual Defendant and Montelago Marketing, Inc., must submit to the

Commission notice of the filing of any bankruptcy petition, insolvency proceeding, or similar

proceeding by or against such Defendant within 14 days of its filing.

D. Any submission to the Commission required by this Order to be sworn under

penalty of perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by

concluding: “I declare under penalty of perjury under the laws of the United States of America that

the foregoing is true and correct. Executed on: _____” and supplying the date, signatory’s full

name, title (if applicable), and signature.

E. Unless otherwise directed by a Commission representative in writing, all

submissions to the Commission pursuant to this Order must be emailed to [email protected] or sent

by overnight courier (not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau

of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington,

DC 20580. The subject line must begin: FTC v. Next-Gen, Matter No. X180023.

F. The Commission may provide any submissions made pursuant to this Section to the

Office of the Missouri Attorney General, without providing any notice to the Defendants.

XIV. RECORDKEEPING

IT IS FURTHER ORDERED that the Individual Defendants and Montelago Marketing,

Inc., must create certain records for 15 years after entry of this Order, and retain each such record

for 5 years. Specifically, Montelago Marketing, Inc., and each Individual Defendant for any

business that such Defendant, individually or collectively with any other Defendant, is a majority

owner or controls directly or indirectly, must create and retain the following records:

A. Accounting records showing the revenues from all goods or services sold;

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mailto:[email protected]

B. Personnel records showing, for each person providing services, whether as an

employee or otherwise, that person’s: name; addresses; telephone numbers; job title or position;

dates of service; and (if applicable) the reason for termination;

C. Records of all consumer complaints and refund requests, whether received directly

or indirectly, such as through a third party, and any response;

D. All records necessary to demonstrate full compliance with each provision of this

Order, including all submissions to the Commission; and

E. A copy of each unique advertisement or other marketing material.

XV. COMPLIANCE MONITORING

IT IS FURTHER ORDERED that, for the purpose of monitoring the Defendants’

compliance with this Order, including the financial representations upon which part of the

judgment was suspended and any failure to transfer any assets as required by this Order:

A. Within 14 days of receipt of a written request from a representative of either

Plaintiff, each Defendant must: submit additional compliance reports or other requested

information, which must be sworn under penalty of perjury; appear for depositions; and produce

documents for inspection and copying. The Commission is also authorized to obtain discovery,

without further leave of court, using any of the procedures prescribed by Federal Rules of Civil

Procedure 29, 30 (including telephonic depositions), 31, 33, 34, 36, 45, and 69.

B. For matters concerning this Order, the Plaintiffs and the Receiver are authorized to

communicate directly with each Defendant to the extent that the particular Defendant’s

attorney-client relationship with undersigned counsel has terminated. The Defendants must

permit representatives of the Commission or the State of Missouri to interview any employee or

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other person affiliated with any Defendant who has agreed to such an interview. The person

interviewed may have counsel present.

C. The Plaintiffs may use all other lawful means, including posing, through its

representatives as consumers, suppliers, or other individuals or entities, to the Defendants or any

individual or entity affiliated with the Defendants, without the necessity of identification or prior

notice. Nothing in this Order limits the Commission’s lawful use of compulsory process pursuant

to Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1, or the State of Missouri’s lawful use

of compulsory process under applicable state law.

D. Upon written request from a representative of the Commission or the State of

Missouri, any consumer reporting agency must furnish consumer reports concerning Individual

Defendants, pursuant to Section 604(1) of the Fair Credit Reporting Act, 15 U.S.C. § 1681b(a)(1).

XVI. RETENTION OF JURISDICTION

IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for purposes

of construction, modification, and enforcement of this Order.

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SO STIPULATED AND AGREED:

FOR PLAINTIFF FEDERAL TRADE COMMISSION:

Richard McKewen, WSBA # 45041 Federal Trade Commission 915 Second Ave., Suite 2896 Seattle, WA 9817 4 Phone:206-220-6350 Fax: 206-220-6366 [email protected]

COUNSEL FOR PLAfNTIFF FEDERAL TRADE COMMISSION

FOR PLAINTIFF STATE OF MISSOURI:

Date: 3/(p ft'!

Nathan Atkinson, MO Bar# 64704 Assistant Attorney General [email protected] 615 E. 13th Street, Suite 401 Kansas City, MO 64106 Phone: 816-889-3090 Fax: 816-889-5006

COUNSEL FOR PLAINTIFF STA TE OF MISSOURI

Date: '3-1..f-/C,

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FOR DEFENDANTS NEXT-GEN, INC., WESTPORT ENTERPRISES, INC., OPPORTUNITIES UNLIMITED PUBLICATIONS, INC., OPPORTUNITIES MANAGEMENT CO., SUMMIT MANAGEMENT TEAM, LLC, CONTEST AMERICA PUBLISHERS, INC., LIGHTHOUSE FLA ENTERPRISES, LLC, AND KEVIN R.

BRANDES: • - I I¼ ( v · \ Date: 12/Zl{IB

Graves Garrett, LLC 1100 Main Street, Suite 2700 Kansas City, MO 64105 Phone: 8 I 6-256-3 I 8 I Fax: 816-256-5958 [email protected]

COUNSEL FOR NEXT-GEN, INC., WESTPORT ENTERPRISES, INC., OPPORTUNITIES UNLIMITED PUBLICATIONS, INC., OPPORTUNITIES MANAGEMENT CO., SUMMIT MANAGEMENT TEAM, LLC, CONTEST AMERICA PUBLISHERS, INC., LIGHTHOUSE FLA ENTERPRISES, LLC, AND KEVIN R. BRANDES

1

KEVIN R.BRANDES, INDIVIDUALLY AND AS AN OFFICER OF NEXT-GEN, INC., WESTPORT ENTERPRISES, INC., OPPORTUNITIES UNLIM ITED PUBLICATIONS, INC., OPPORTUNITIES MANAGEMENT CO., SUMMIT MANAGEMENT TEAM, LLC, CONTEST AMERICA PUBLISHERS, INC., AND LIGHTHOUSE FLA ENTERPRISES, LLC

Date ~Y

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FOR DEFENDANTS REVEAL PUBLICATIONS, LLC, AOSR CORPORATION, GAMER DESIGNS, LLC, AND WILLIAM J. GRAHAM

Braden M. Perry Kennyhertz Perry, LLC 420 Nichols Road, Suite 207 Kansas City, MO 64112 Phone: 816-527-9447 Fax: 855-844-2914 braden@kenn yhertzperry. com

COUNSEL FOR DEFENDANTS REVEAL PUBLICATIONS, LLC, AOSR CORPORATION, GAMER DESIGNS, LLC, AND WILLIAM J. GRAHAM

Date:

WILLIAM J :ciRXHAM, INDIVIDUALL y AND AS AN OFFICER OF REVEAL PUBLICATIONS, LLC, AOSR CORPORATION, AND GAMER DESIGNS, LLC

Date: /J-?-J-{fj

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FOR DEFENDANTS ONTELAGO MARKETING, INC., AND CHARLES FLOYD ANDERSON

Kristie R. Orme McDowell Rice Smith Buchanan PC 605 W. 47th St., Suite 3 0 Kansas City, MO 64112 Phone:816-960-7309 Fax: 816-753-9996 korme@mcdowel lrice.c COUNSEL FOR DEFE DANTS MONTELAGO MARK TING, INC., AND CHARLES FLOYD AN ERSON

CHARLES FLO AN ERSON, INDIVIDUALLY AND S AN OFFICER OF MONTELAGO MARKE ING, INC.

SHARON ANN ANDER ON, INDIVIDUALLY, AND NL Y AS TO SECTION IV.C

Date: ' ' I '2..l/ (')?'

Date: Jz/4:d/(_y - / 7

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STIPULATED ORDER FOR PERMANENT …...2019/03/07 · Montelago Marketing, Inc. as Defendants. Doc....

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